Bank Holiday Problem - A very annoying problem

blossie

Hi All

What should i do.

New job started in Aug 09 1st bank hol was in Oct but didn't work it because job was closed. looked at my payslip last week and was only paid for 1.5 bank hol hours. pls note am a full time employee paid by the hour for a 42 hour week.

I queried this with my employer and was told not entitled to a full days pay. But i know she is wrong as i hav relevant employment law paper work to back up my entitlement.

I have 2 options

1. Keep hassling them about it and end up loosing my job due to still being in probation period. They might use the possible excuse of well work is slow so last in first out kind of a thing

or

2. Wait until my probation is up and then hassle them about it.

i have been on to nera and they said make a complaint and an inspector will be sent out to process my complaint. this company employs many foreign nationals that may not be aware of their entitlements re bank holiday pay. total employees 150 and company is in operation for the past 25 years. i was told it was company policy to only pay salaried people bank hol pay. what a load of utter rubish:mad:

how can this happen and people not speak up for themselves or is it a thing of them keeping quiet because they will loose their jobs.

What do people think i should do.i think it is a disgrace that this employer is getting away scot free. sorry thread is so long.

all help appreciated:( sick of employers treating others as door mats to make a fortune for themselves:mad:

Mr Clonfadda

You are entitled to a normal days pay and have a legal entitlement to it. However your not protected under the unfair dismisals act until you have worked for 12 months,

My advice would be try and talk to them nicely again.

gerrycollins

exactly what date did you start?

blossie

started the 5th AUgust

gerrycollins

blossie wrote: »

started the 5th AUgust

sorry should have also asked is the 42 hours total hours worked or includes breaks lunch and tea?

if so I assuming you actually work 37 hours a week.

immediately you would quailify for bank holiday entitlement even if you were technically part time.

Also firstly if you worked the same hours every monday for the previous 6 weeks prior to the bank holiday you are automatically entitled to those hours as bank holiday pay

if you didnt or they didnt know that rule your bank holiday pay should calculate as

11 weeks worked @37 hours
=407
407 divided by 13 weeks(figure in law to calculate payment)
=31.3 hours per week
31.3 divided by 5 (days of the week)
6.26 hours is what you should have recieved.

Call NERA they are clamping down on this big time.

LegacyUser

Hi I just had the same problem with my employer, I work 37.5 hours a week after breaks. I tried to speak to my employer but was told that he is perfectly entitled not to pay me. I am paid monthly so only just noticed the bank holiday missing. Is there any legitimate reason an employer can give for not paying bank holiday. I am in the same situation as the OP having only started the job after the August Bank Holiday.